Sometimes, property owners manage to fight off attempts to confiscate their land via eminent domain. One such case occurred a few years ago in Freeport, TX and it was the subject of a book by Carla Main entitled Bulldozed, published by Encounter Books. (I reviewed it and found the book to be fair, although definitely not “balanced” in that the private developer who wanted the land was shown to be a rich, greedy scoundrel.)
There is a fascinating twist to the case, recounted by William McGurn in his WSJ column today. That developer is suing the author of the book and Encounter for libel. The Institute for Justice is defending them. Texas is not exactly famous for its justice system, but let’s hope that the judge slaps down this effort at silencing criticism through libel litigation.
In his most recent program, John Stossel advocated that the US adopt the “loser pays” rule that most other countries have. If you bring a meritless case, you have to make whole the party you dragged into court. This is an excellent illustration of the need to do that.
